16 U.S. Code § 406d–1 - Establishment; boundaries; administration

For the purpose of including in one national park, for public benefit and enjoyment, the lands within the present Grand Teton National Park and a portion of the lands within the Jackson Hole National Monument, there is established a new “Grand Teton National Park”. The park shall comprise, subject to valid existing rights, all of the present Grand Teton National Park and all lands of the Jackson Hole National Monument that are not otherwise expressly provided for in this subchapter and sections
431a,
451a,
482m,
673b, and
673c of this title, and an order setting forth the boundaries of the park shall be prepared by the Secretary of the Interior and published in the Federal Register. The national park so established shall, so far as consistent with the provisions of this subchapter and said sections, be administered in accordance with the general statutes governing national parks, and shall supersede the present Grand Teton National Park and the Jackson Hole National Monument.

The Jackson Hole National Monument, referred to in text, was created in Wyoming by Presidential Proc. No. 2578, Mar. 15, 1943, 57 Stat. 731. For provisions transferring other lands of such former national monument, see sections
482m and
673b of this title.

Provisions relating to the “present Grand Teton National Park”, referred to in text, were contained in former sections
406 to
406d of this title, which sections were repealed by another provision of section 1 of act Sept. 14, 1950.

Codification

Section comprises all of section 1 of act Sept. 14, 1950, except the final sentence thereof. The final sentence repealed sections
406 to
406d of this title which established, and related to, the former “Grand Teton National Park of Wyoming”. It also contained a proviso, of which part is set out as section
431a of this title, and the remainder, as section
451a of this title.

“(2) Secretary.—The term ‘Secretary’ means the Secretary of the Interior.

“(3) Subdivision.—The term ‘Subdivision’ means the GT Park Subdivision, with an area of approximately 49.67 acres, as generally depicted on—

“(A) the plat recorded in the Office of the Teton County Clerk and Recorder on December 16, 1997, numbered 918, entitled ‘Final Plat GT Park Subdivision’, and dated June 18, 1997; and

“(B) the map entitled ‘2006 Proposed Grand Teton Boundary Adjustment’, numbered 136/80,198, and dated March 21, 2006, which shall be on file and available for inspection in appropriate offices of the National Park Service.

“(a) In General.—The Secretary may accept from any willing donor the donation of any land or interest in land of the Subdivision.

“(b) Administration.—On acquisition of land or an interest in land under subsection (a), the Secretary shall—

“(1) include the land or interest in the boundaries of the Park; and

“(2) administer the land or interest as part of the Park, in accordance with all applicable laws (including regulations).

“(c) Deadline for Acquisition.—It is the intent of Congress that the acquisition of land or an interest in land under subsection (a) be completed not later than 1 year after the date of enactment of this Act [July 13, 2007].

“(d) Restriction on Transfer.—The Secretary shall not donate, sell, exchange, or otherwise transfer any land acquired under this section without express authorization from Congress.

“(1) Craig Thomas was raised on a ranch just outside of Cody, Wyoming, near Yellowstone National Park and Grand Teton National Park, where he—

“(A) began a lifelong association with those parks; and

“(B) developed a deep and abiding dedication to the values of the public land of the United States;

“(2) during his 18-year tenure in Congress, including service in both the Senate and the House of Representatives, Craig Thomas forged a distinguished legislative record on issues as diverse as public land management, agriculture, fiscal responsibility, and rural health care;

“(3) as Chairman and Ranking Member of the National Parks Subcommittee of the Committee on Energy and Natural Resources of the Senate and a frequent visitor to many units of the National Park System, including Yellowstone National Park and Grand Teton National Park, Craig Thomas was a strong proponent for ensuring that people of all ages and abilities had a wide range of opportunities to learn more about the natural and cultural heritage of the United States;

“(4) Craig Thomas authored legislation to provide critical funding and management reforms to protect units of the National Park System into the 21st century, ensuring quality visits to units of the National Park System and the protection of natural and cultural resources;

“(5) Craig Thomas strongly supported public-private partnerships and collaboration between the National Park Service and other organizations that foster new opportunities for providing visitor services while encouraging greater citizen involvement in the stewardship of units of the National Park System;

“(6) Craig Thomas was instrumental in obtaining the Federal share for a public-private partnership with the Grand Teton National Park Foundation and the Grand Teton Natural History Association to construct a new discovery and visitor center at Grand Teton National Park;

“(8) Craig Thomas is survived by his wife, Susan, and children, Patrick, Greg, Peter, and Lexie; and

“(9) in memory of the distinguished career of service of Craig Thomas to the people of the United States, the dedication of Craig Thomas to units of the National Park System, generally, and to Grand Teton National Park, specifically, and the critical role of Craig Thomas in the new discovery and visitor center at Grand Teton National Park, the Grand Teton Discovery and Visitor Center should be designated as the ‘Craig Thomas Discovery and Visitor Center’.

“(b) The Craig Thomas Discovery and Visitor Center.—

“(1) Designation.—The Grand Teton Discovery and Visitor Center located in Moose, Wyoming, and scheduled for completion in August 2007 shall be known and designated as the ‘Craig Thomas Discovery and Visitor Center’.

“(2) Reference.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Grand Teton Discovery and Visitor Center referred to in paragraph (1) shall be deemed to be a reference to the ‘Craig Thomas Discovery and Visitor Center’.

“(1) The term ‘Federal lands’ means public lands as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

“(2) The term ‘Governor’ means the Governor of the State of Wyoming.

“(3) The term ‘Secretary’ means the Secretary of the Interior.

“(4) The term ‘State lands’ means lands and interest in lands owned by the State of Wyoming within the boundaries of Grand Teton National Park as identified on a map titled ‘Private, State & County Inholdings Grand Teton National Park’, dated March 2001, and numbered GTNP/0001.

“(a) The Secretary is authorized to acquire approximately 1,406 acres of State lands within the exterior boundaries of Grand Teton National Park, as generally depicted on the map referenced in section
2(4), by any one or a combination of the following—

“(1) donation;

“(2) purchase with donated or appropriated funds; or

“(3) exchange of Federal lands in the State of Wyoming that are identified for disposal under approved land use plans in effect on the date of enactment of this Act [June 17, 2003] under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) that are of equal value to the State lands acquired in the exchange.

“(b) In the event that the Secretary or the Governor determines that the Federal lands eligible for exchange under subsection (a)(3) are not sufficient or acceptable for the acquisition of all the State lands identified in section
2(4), the Secretary shall identify other Federal lands or interests therein in the State of Wyoming for possible exchange and shall identify such lands or interests together with their estimated value in a report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives. Such lands or interests shall not be available for exchange unless authorized by an Act of Congress enacted after the date of submission of the report.

“(a) Agreement on Appraiser.—If the Secretary and the Governor are unable to agree on the value of any Federal lands eligible for exchange under section
3(a)(3) or State lands, then the Secretary and the Governor may select a qualified appraiser to conduct an appraisal of those lands. The purchase or exchange under section
3(a) shall be conducted based on the values determined by the appraisal.

“(b) No Agreement on Appraiser.—If the Secretary and the Governor are unable to agree on the selection of a qualified appraiser under subsection (a), then the Secretary and the Governor shall each designate a qualified appraiser. The two designated appraisers shall select a qualified third appraiser to conduct the appraisal with the advice and assistance of the two designated appraisers. The purchase or exchange under section
3(a) shall be conducted based on the values determined by the appraisal.

“(c) Appraisal Costs.—The Secretary and the State of Wyoming shall each pay one-half of the appraisal costs under subsections (a) and (b).

“The State lands conveyed to the United States under section
3(a) shall become part of Grand Teton National Park. The Secretary shall manage such lands under the Act of August 25, 1916 (commonly known as the ‘National Park Service Organic Act’) [16 U.S.C. 1 et seq.], and other laws, rules, and regulations applicable to Grand Teton National Park.

“There are authorized to be appropriated such sums as may be necessary for the purposes of this Act.”

Construction of Alternate Highway

Act Aug. 9, 1955, ch. 635, 69 Stat. 555, provided: “That in order to facilitate public use and enjoyment of the Grand Teton National Park and to make possible an appropriate relocation and use of highways through the park, the Secretary of the Interior is authorized to construct within the park, upon a location to be agreed upon between the Secretary and the Governor of Wyoming, a highway which shall replace the present U.S. Highway 89, also numbered U.S. 187 and U.S. 26. Upon completion of the said highway, the Secretary is authorized to enter into an agreement with the State of Wyoming, upon such terms and conditions as he deems in the interest of the United States, for the conveyance of the highway to the State in exchange for State and county roads in the park area.”

Availability of Unexpended Appropriated Funds

The third sentence of act Sept. 14, 1950, ch. 950, § 9,64 Stat. 853, provided that: “The remaining unexpended balance of any funds appropriated for the present Grand Teton National Park and the Jackson Hole National Monument shall be available for expenditure in connection with the administration of the Grand Teton National Park established by this Act [this subchapter and sections
431a,
451a,
482m,
673b, and
673c of this title]”.

Revocation of Temporary Withdrawals of Public Lands

Act Sept. 14, 1950, ch. 950, § 8,64 Stat. 853, provided that: “All temporary withdrawals of public lands made by Executive order in aid of legislation pertaining to parks, monuments, or recreational areas, adjacent to the Grand Teton National Park as established by this Act [this subchapter and sections
431a,
451a,
482m,
673b, and
673c of this title] are hereby revoked.”

Repeal of Inconsistent Laws

The second sentence of act Sept. 14, 1950, ch. 950, § 9,64 Stat. 853, provided: “All provisions of law inconsistent with the provisions of this act [this subchapter and sections
431a,
451a,
482m,
673b, and
673c of this title] are hereby repealed to the extent of such inconsistency”.

LII has no control over and does not endorse any external Internet site that contains links to or references LII.